In re Dandre H.
Opinion of the Court
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.
The court properly permitted the five-year-old victim to give sworn testimony. The victim’s voir dire responses established that he sufficiently understood the difference between truth and falsity, that lying was wrong, and that lying could bring adverse consequences (see People v Nisoff, 36 NY2d 560, 565-
To the extent certain testimony exceeded the bounds of the prompt outcry exception to the hearsay rule (see People v McDaniel, 81 NY2d 10, 16-17 [1993]), the error was harmless. In this nonjury trial, the court is presumed to have considered only proper evidence in reaching its verdict (see People v Moreno, 70 NY2d 403, 406 [1987]). Concur — Gonzalez, P.J., Tom, Catterson, Richter and Román, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.